State v. Jeffers, No. 13935
| Court | Supreme Court of West Virginia |
| Writing for the Court | PER CURIAM |
| Citation | 251 S.E.2d 227,162 W.Va. 532 |
| Parties | STATE of West Virginia v. Michael JEFFERS. |
| Decision Date | 23 January 1979 |
| Docket Number | No. 13935 |
Page 227
v.
Michael JEFFERS.
Page 228
Syllabus by the Court
Where a trial court gives, over objection, an instruction which incompletely states the law, and the defect is not corrected by a later instruction, the giving of such incomplete instruction constitutes reversible error where the omission involves an element of the crime.
James W. Gipson, Huntington, for plaintiff in error.
Chauncey H. Browning, Atty. Gen., Woodrow H. Berry, Asst. Atty. Gen., Charleston, for defendant in error.
PER CURIAM:
The petitioner, Michael Jeffers, was convicted in the Circuit Court of Lincoln County of passing in a no-passing zone in violation of W.Va.Code, 17C-7-7. He was fined $100.00 and sentenced to confinement in the Lincoln County Jail for thirty days.
After examining the record in this case we conclude that the judge of the circuit court committed two errors:
1. He improperly instructed the jury on what constitutes the crime of passing in a no-passing zone; and
2. He imposed an improper sentence upon the petitioner.
W.Va.Code, 17C-7-7 provides:
"The state road commission is hereby authorized to determine those portions of any highway [162 W.Va. 533] where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof."
To implement the provisions of W.Va.Code, 17C-7-7, the West Virginia Department of Highways, pursuant to authority granted to it by W.Va.Code, 17C-3-1, adopted its Manual on Uniform Traffic Control Services for Streets and Highways. Section 3A-7(6) of that manual provides:
"A double line consisting of two normal solid yellow lines delineates the separation between travel paths in opposite directions where overtaking and passing is prohibited in both directions. This is a two direction no-passing marking. Crossing this marking with care is permitted only as part of a left-turn maneuver."
According to the manual the purpose of the double line is to channelize and separate traffic flowing in counter directions.
It is clear that the intent of the Legislature in adopting W.Va.Code, 17C-7-7, was to prohibit vehicles from...
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State v. England, 18009
...incomplete instruction constitutes reversible error where the omission involves an element of the crime." Syllabus, State v. Jeffers, 162 W.Va. 532, 251 S.E.2d 227 4. The plain error doctrine contained in Rule 30 and Rule 52(b) of the West Virginia Rules of Criminal Procedure is identical. ......
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State v. Barker, 16616
...that defines a crime but omits an essential element of the crime may constitute reversible error. In the syllabus of State v. Jeffers, 162 W.Va. 532, 251 S.E.2d 227 (1981), we said: "Where a trial court gives, over objection, an instruction which incompletely states the law, and the defect ......
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State v. Vollmer, CC909
...et seq., is a misdemeanor under W.Va.Code, 17C-18-1, unless a higher penalty is specifically provided. See State v. Jeffers, W.Va., 251 S.E.2d 227, 229 (1979). Consequently, the operation of a motor vehicle in violation of any of these statutes is technically an unlawful act, but it must be......
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State v. Hoyle, 18-0141
...under West Virginia Code § 15-12-4(a).22 156 W. Va. 264, 192 S.E.2d 728 (1972).23 Id. at Syl. Pt. 4.24 See Syllabus, State v. Jeffers , 162 W. Va. 532, 251 S.E.2d 227 (1979) ("Where a trial court gives, over objection, an instruction which incompletely states the law, and the defect is not ......
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State v. England, No. 18009
...incomplete instruction constitutes reversible error where the omission involves an element of the crime." Syllabus, State v. Jeffers, 162 W.Va. 532, 251 S.E.2d 227 4. The plain error doctrine contained in Rule 30 and Rule 52(b) of the West Virginia Rules of Criminal Procedure is identical. ......
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State v. Barker, No. 16616
...that defines a crime but omits an essential element of the crime may constitute reversible error. In the syllabus of State v. Jeffers, 162 W.Va. 532, 251 S.E.2d 227 (1981), we said: "Where a trial court gives, over objection, an instruction which incompletely states the law, and the defect ......
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State v. Vollmer, No. CC909
...et seq., is a misdemeanor under W.Va.Code, 17C-18-1, unless a higher penalty is specifically provided. See State v. Jeffers, W.Va., 251 S.E.2d 227, 229 (1979). Consequently, the operation of a motor vehicle in violation of any of these statutes is technically an unlawful act, but it must be......
-
State v. Hoyle, No. 18-0141
...under West Virginia Code § 15-12-4(a).22 156 W. Va. 264, 192 S.E.2d 728 (1972).23 Id. at Syl. Pt. 4.24 See Syllabus, State v. Jeffers , 162 W. Va. 532, 251 S.E.2d 227 (1979) ("Where a trial court gives, over objection, an instruction which incompletely states the law, and the defect is not ......